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Message: [QUOTE="dondk, post: 8116, member: 37"] If you are an ALPA member you can get it from thier website... this is the abridged version: the link is on this notice URGENT: Airport and Airline Operators to Begin Fingerprinting and Criminal Background Checks of All Employees with Access to Security Areas. Pursuant to the Aviation Transportation Security Act that was passed in the wake of the September 11 terrorist attacks, the FAA recently issued an emergency final rule that orders airline and airport operators to check the criminal backgrounds of all employees who have unescorted access to secure areas of the airport -- i.e., wherever ID badges are required. Although ALPA lobbied strongly that the checks should apply only to the newly federalized screeners and to new airline job applicants, the FAA has extended the requirement to include criminal background checks for all existing employees who have access to secure areas. Specifically, you will be required to fill out a form attesting that you have not been convicted of any of a lengthy list of criminal acts in the past 10 years. You will then be fingerprinted, and the prints will be sent to the FBI to be checked against their records. Any criminal convictions (or lack thereof) on your record will be supplied to the employer to verify your responses. If you have committed any of the covered criminal acts (listed below in a summary Q&A provided by FAA) in the past 10 years, you will be disqualified from having unescorted access to secure areas of the airport. In other words, you will no longer be able to perform flying duties. ALPA still is objecting strongly to the requirement, through comments to the FAA docket. We also have questions about details of the rule and its effects that need to be clarified. However, some airlines already have distributed these forms, and others will follow suit in the near future. ALPA strongly advises the following: 1. Read the attached summary written by the FAA and then link to the entire rule which may be accessed at [url]http://152.119.239.10/docimages/pdf74/144691_web.pdf[/url] (You will need Adobe Acrobat or another .pdf reader.) 2. Answer all questions truthfully. You may be subject to severe federal penalties for falsification. 3. If you believe that you may have to give a positive response to any of the disqualifying criminal acts, contact your contract administrator before completing and submitting the form. Obviously, this new requirement raises a number of labor relations questions as well as regulatory issues. ALPA will work vigorously to determine whatever options and alternatives may be available for pilots who lose their security access privileges. Until ALPA is able to explore such options, the rule is clear and there are no alternatives. All members are urged to follow the above three guidelines and comply with the regulations. FAA's Summary of Criminal History Records Checks Rules Under prior FAA rules background checks were conducted on applicants for employment as screeners and in positions with access to secured areas of the airport, including pilots and ramp workers. In specified circumstances, an employer must also obtain an applicant's fingerprint so that the FBI may conduct a criminal history record check. No individual with access to secured areas had a background check before 1996, and no screener had a background check before 1998. Only limited numbers of individuals hired since 1996 and 1998 respectively have been subjected (to) criminal history checks. The new rules require that all individuals with access to secured areas and all screeners be fingerprinted and a criminal history check conducted if it has not been done in the past. Q: Who is covered? A: The rule covers two sets of employees: Individuals with access to the secured areas and individuals who may grant unescorted access to others. Screeners, and supervisors of screeners. Q: What crimes are disqualifying? A: A criminal offense is disqualifying if it meets several conditions: The individual must have been either convicted or found not guilty by reason of insanity; The crime must be listed in the rule; and The conviction or finding must have occurred either during the 10 years before the date of the records check or while the individual has unescorted access authority. Q: What are the consequences of a disqualifying crime? A: The individual may not be granted, or may not retain, unescorted access to a secured area, and may not serve as a screener or a screening supervisor. In practice, such individuals generally will either not be hired or will be discharged. Q: What due process is given to the employee? A: If the criminal record contains inaccurate information the individual may correct the record by contacting the local jurisdiction and the FBI. Thus if the record inaccurately states that the individual was convicted, or fails to indicate that the individual's conviction later was reversed, the individual may have the record corrected. Q: What is the timeline for the rule? A: The rule applies 100% fingerprinting as follows: All applicants will (be subject to fingerprinting) beginning on the date of publication of the rule. Note that all applicants at Category X airports have been fingerprinted since December 23, 2000. All current employees at all covered airports would be fingerprinted within one year after the publication. Q: How many people will be fingerprinted under this rule? A: About 3/4 to 1 million current employees will be fingerprinted. FAA expects that some of these employees have disqualifying offenses and may not keep their current authority. Q: Why is there a need to fingerprint air carrier pilots? A: While the background of pilots is extensively examined by air carriers, without this rule air carriers do not have access to the fingerprint-based criminal history records maintained by the FBI. This rule provides additional information on the pilots that the air carriers cannot otherwise obtain. Disqualifying criminal offenses. An individual has a disqualifying criminal offense if the individual has been convicted, or found not guilty of by reason of insanity, of any of the disqualifying criminal offense listed in this paragraph in any jurisdiction during the 10 years before the date of the individual's application for unescorted access, or while the individual has unescorted access. The disqualifying criminal offenses are as follows- (1) Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.S.C. 46306. (2) Interference with air navigation; 49 U.S.C. 46308. (3) Improper transportation of a hazardous material; 49 U.S.C. 46312. (4) Aircraft piracy; 49 U.S.C. 46502. (5) Interference with flightcrew members or flight attendants; 49 U.S.C. 46504. (6) Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506. (7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46505. (8) Conveying false information and threats; 49 U.S.C. 46507. (9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b). (10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315. (11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314. (12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. (13) Murder. (14) Assault with intent to murder. (15) Espionage. (16) Sedition. (17) Kidnapping or hostage taking. (18) Treason. (19) Rape or aggravated sexual abuse. (20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon. (21) Extortion. (22) Armed or felony unarmed robbery. (23) Distribution of, or intent to distribute, a controlled substance. (24) Felony arson. (25) Felony involving a threat. (26) Felony involving- (i) Willful destruction of property; (ii) Importation or manufacture of a controlled substance; (iii) Burglary; (iv) Theft; (v) Dishonesty, fraud, or misrepresentation; (vi) Possession or distribution of stolen property; (vii) Aggravated assault; (viii)Bribery; or (ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. (27) Violence at international airports; 18 U.S.C. 37. (28) Conspiracy or attempt to commit any of the criminal acts listed in this paragraph. [/QUOTE]

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